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Journal of Intellectual Property Law

Abstract

This study examines the Cayman Islands’ unique position in the global intellectual property (IP) landscape, contrasting its success as an exporter of financial and legal services with the inherently domestic nature of patent protection. We hypothesize that due to this limitation, the Cayman Islands functions as a strategic, cost-effective jurisdiction for augmenting patent protection initially obtained elsewhere. Our research provides the first comprehensive analysis of Caymanian patents, and through a quantitative examination of patent family data—including filing trends, economic valuation, geographic distribution, and assignee profiles—we find strong empirical evidence to support this thesis.
Our findings reveal a disproportionate presence of high-value patent families in the Cayman Islands, particularly within the pharmaceutical and telecommunications sectors. This concentration aligns with the jurisdiction’s specific economic characteristics, such as its medical tourism industry and high per capita income, as well as the established international strategies of major pharmaceutical companies. The analysis demonstrates that patent registration in the Cayman Islands is a distinct, specialized function that complements its broader role in global finance and law, offering tailored, low-cost domestic IP rights within a globally oriented portfolio. This study provides a benchmark for how other small jurisdictions can successfully navigate and compete in the global legal market through a specialized approach to intellectual property.

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